Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA Litigation - natlawreview.com
The Fifth Circuit has ruled that the FCC's prior express written consent requirement does not apply to telemarketing robocalls in TCPA litigation, potentially easing compliance for callers in that circuit.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 15, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Contact centers, lead generators, SMS marketers, and other telemarketers subject to TCPA, particularly those operating in the Fifth Circuit (Texas, Louisiana, Mississippi). should confirm how it applies to their specific situation before acting. There is a time constraint attached: Not specified; the ruling is immediate but may be subject to appeal.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The Fifth Circuit rejected the FCC's requirement for prior express written consent for telemarketing robocalls, meaning that in this circuit, oral consent may be sufficient for such calls.
Who it affects
Contact centers, lead generators, SMS marketers, and other telemarketers subject to TCPA, particularly those operating in the Fifth Circuit (Texas, Louisiana, Mississippi).
What you must do
Review current consent practices and consult legal counsel to determine if adjustments are needed for calls made to numbers in the Fifth Circuit.
Deadline
Not specified; the ruling is immediate but may be subject to appeal.
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